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INDONESIA
AT-TAFAHUM: Journal of Islamic Law
Published by Universitas Islam Negeri Sumatera Utara
ISSN : -     EISSN : -     DOI : -
Core Subject : Humanities, Art,
Arts Humanities
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Articles 6 Documents
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Search results for , issue "Vol 3, No 2 (2019)" : 6 Documents clear
TINDAK KEKERASAN DALAM RUMAH TANGGA : DITINJAU DARI UU PKDRT NO. 23 TAHUN 2004 DAN ALQURAN SURAT ANNISA: 34 Muhammad habib
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : UIN SU

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Abstract

Islam forbids violence against anyone except to defend oneself from the enemy. With the PKDRT Law, this law is certainly in line with the essence of the Koran which prohibits anyone from committing acts of domestic violence. However, the presence of Annisa's letter: 34 seems to give the impression that Allah swt,. allow the husband to beat his wife if she commits nusuz/does domestic violence. Given the contradiction between the PKDRT Law and Annisa Letter: 34, this paper tries to unravel, find a middle way, and a solution to this contradiction, because Allah swt., it is impossible to order someone to do wrong to others, including his wife.
PERUBAHAN STATUS WALI ADHAL MENJADI WALI JAUH UNTUK MENDAPATKAN HAK WALI HAKIM DALAM PERNIKAHAN kusnan kusnan; Pangeran Harahap
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : UIN SU

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Abstract

In the regulation of wali adhal, stated that by the condition of wali adhal or reluctance, the wali hakim then just can subtitute to be a wali nikah after the decision made by religious court, in office of religious affairs it was found 10 couples went far away from their true wali, in order that the guardian right goes to wali hakim. This legal research is conducted to figure out social phenomenon about legal implementation in society, it is qualitative research based on interview and document  study, which  of has purpose on finding the backround of the problem causing them to change the wali adhal to be wali jauh.The result shows that the cause which makes the couple change the status of wali adhal to be wali jauh are: (1) The understanding of couple about aloping; (2) Community culture about eloping followed by couples; (3) The couple do not understand the procedure of wali adhal; (4) The couple have too short time and no enaugh money to get married.
Analisis Kebutuhan Hajat Dan Dharurat terhadap kebijakan memasukkan tenaga kerja asing ke Indonesia Muhammad Iqbal
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : UIN SU

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Abstract

Tulisan ini ingin menjelaskan hasil analisis terhadap tindakan yang dilakukan pemerintah yang memasukkan Tenaga Kerja Asing (TKA) ke Negara Indonesia dalam situasi dan Kondisi banyak Penduduk Indonesia yang masih membutuhkan Pekerjaan. Penelitian ini merupakan penelitian Pustaka dengan bahan yang berupa Literatur kaidah Fikih dan Ushul Fikih, dan juga bahan-bahan yang bersumber dari berita yang valid.Hasil penelitian ini menunjukkan bahwa analisis yang dihasilkan dari kaidah hajat dan dharurat menitik beratkan agar pemerintah lebih mengutamakan pekerja lokal daripada asing. Hal ini mengingat bahwa tuntutan kaidah hajat dan dharurat yang mengedepankan kebutuhan penduduk negeri sendiri dan juga mengedepankan alasan bahwa Tenaga Kerja Lokal juga memiliki kemampuan yang tidak kalah dibandingkan dengan Tenaga Kerja Asing
TINJAUAN HUKUM ISLAM TERHADAP JUAL BELI ONLINE DENGAN SISTEM DROPSHIP (Studi Analisis Terhadap jual beli salam, wakalah dan samsarah) Tika Dewi
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : UIN SU

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Abstract

Online business (selling- buying) has become prominent in the past few years ago as demand increases. This kind of business forms a positive effect of the development of internet which produces new business-men. Along with the development of online business, there emerges dropship system which is mostly undertaken by female entrepreneurs. Despite its negative effect, dropship system has positive influence, i.e. creating positive activities for women and therefore empowering them. The polemics of dropship is still going on. According to some Muslim jurists, dropship is forbidden (haram) because the practicioners of this system sell items only from picture. Moreover, the items sold have not been the property of the practicioners. This article deals with the benefit of salam, wakalah and samsarah contract used to accommodate the dropship system. The specification of  contracts is explained in detail in order for this system to be undertaken as salam, wakalah and samsarah contract. The practicioners of dropship as muslam ilaih or  wakil and supplier as muslam or muwakkil, or the practicioners of dropship as simsar with some conditions that should be accorded to the contract in the beginning of transaction.Keywords: Online business; dropship; salam, wakalah; samsarah.
EFEKTIVITAS SANKSI QANUN NOMOR 6 TAHUN 2014 TENTANG TINDAK PIDANA KHAMAR, MAISIR KHALLWAT, ZINA, DAN DAMPAKNYA TERHADAP PERILAKU MASYARAKAT KOTA SUBULUSSALAM Zakirun Zakirun; Nawir Yuslem
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : UIN SU

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Abstract

This research aims to describe the discussion which is formulated in three questions, namely: 1. How is the implementation of Qanun sanctions against the acts of the Khamar, Maisir, Khalwat, and Adultery pidan? 2. How is the implementation of socialization and implementation of Qanun sanctions number 6 of 2014 in the City of Subulussalam? 3. What is the impact on the behavior of Subulussalam City community after the imposition of Qanun sanction number 6 of 2014? This type of research is included in a qualitative descriptive  study  using  the  Statute  Approach  (statutory  approach).  Data sources from this study were divided into two sources namely primary data sources obtained from interviews with several informants in the field. And Secondary data sources namely data sources obtained through literature study include books, archives, and regulations that are arranged systematically.  In general, this study found that Qanun sanction number 6 of 2014 concerning the criminal acts of Khamar, Maisir, Seclusion, and Adultery was already good by regulation. Seen from the rules and sanctions that are complete, as well as the implementation. However, the implementation is still very lacking. This is evidenced by the large number of cases that are not handled. Likewise, the community's knowledge and awareness about qanun sanctions is also very weak, this is caused by the lack of socialization conducted by the Ulama Consultative Council (MPU), Islamic Sharia Service (DSI), SATPOL-PP and WH. As a result, the Jinayat Qanun sanction No. 6 of 2014 did not have an impact on the behavior of the people of Subulussalam City (ineffective).  Keywords: Effectiveness, Qanun Sanction, Impact, Behavior.
EFEKTIFITAS FATWA MAJELIS ULAMA INDONESIA SUMATERA UTARA NOMOR 03/Kep/MUI-SU/IV/2011 TENTANG HUKUM PREWEDDING PHOTO (STUDI KASUS DI KELURAHAN SIDOREJO HILIR KECAMATAN MEDAN TEMBUNG) Zulkipli Ritonga
AT-TAFAHUM: Journal of Islamic Law Vol 3, No 2 (2019)
Publisher : UIN SU

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Abstract

Prewedding Photo is defined as a photo activity between the two brides-to-be before the marriage bond. It is known that the prospective bride and groom who have not pledged their marriage with a marriage contract are prohibited from touching. Whereas the purpose of marriage is to avoid lust. But what is happening now, the implementation of Prewedding Photo is increasingly widespread in the community. The Indonesian Ulema Council of North Sumatra has issued a fatwa Number: 03/Kep/MUI-SU/IV/2011 regarding the prohibition of Prewedding Photo which states that a Prewedding Photo which contains a photo of the bride and groom posing holding hands, hugging before the marriage ceremony is carried out is therefore haram. If a photo is needed or desired as an indication of the identity of who is getting married, then it should display photos of the bride and groom politely in a separate way, cover the aurat and do not violate Islamic law. That way, the desire to still display photos of the bride and groom can be fulfilled but does not violate the Shari'a. Researchers writing this thesis aims to determine the effectiveness of the fatwa of the Indonesian Ulema Council of North Sumatra regarding the Prewedding Photo Law in Sidorejo Hilil Village, Medan Tembung District, along with the views of the people in Sidorejo Hilir Village about the practice of Prewedding Photo. As a result, it was found that the people of Sidorejo Hilir Village did not know of the North Sumatran Indonesian Ulema Council fatwa regarding the Prewedding Photo Law, there were people who thought it was legal to do a Prewedding Photo because later they would get married too, however, there are still brides and grooms who do Prewedding Photo according to religious law, especially because it is Islamic teachings that say it is forbidden to come into contact with non-mahrams, not because of the fatwa. Most of the pre-wedding photos are done with poses that are forbidden in the North Sumatra MUI fatwa. The researcher concludes that it is time for the people of Sidorejo Hilir Village to receive information about the fatwas issued by the North Sumatran MUI and apply them in their daily life, one of which is by not practicing Prewedding Photos that violate religious law.   

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